Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Declarations

313: Decision on application

You could also call this:

“The court decides what to do after listening to everyone involved in the case.”

After listening to you and anyone else who has been told about your application or has the right to be part of the proceedings, the court can make a decision. The court has three options:

  1. They can make the declaration you asked for in your application under section 311. They might make it exactly as you asked or with some changes.

  2. They can make a different declaration that they think is needed or helpful.

  3. They can decide not to make any declaration at all.

The court will choose one of these options based on what they’ve heard from everyone involved.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238526.

Topics:
Crime and justice > Courts and legal help
Previous

312: Notification of application, or

“When someone asks for a legal decision, they must tell everyone affected within 5 working days”

Next

314: Scope of enforcement order, or

“An enforcement order is a legal tool that can make people stop or start doing things to protect the environment and follow the rules.”

Part 12 Declarations, enforcement, and ancillary powers
Declarations

313Decision on application

  1. After hearing the applicant, and any person served with notice of the application, and any other person who has the right to be represented at proceedings under section 274, who wishes to be heard, the court may—

  2. make the declaration sought by an application under section 311, with or without modification; or
    1. make any other declaration that it considers necessary or desirable; or
      1. decline to make a declaration.

        Notes
        • Section 313: amended, on , by section 50 of the Resource Management Amendment Act 1997 (1997 No 104).
        • Section 313: amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).